A PASSIONATE plea for leniency by Lusaka lawyer Willis Muhanga on behalf of his client, former Kasama Member of Parliament Kelvin Sampa, was ultimately unsuccessful yesterday as Sampa received a two years imprisonment sentence with hard labour for theft by agent.
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Muhanga highlighted Sampa’s status as a first offender and the prior refund of K1.4 million to the complainant.
The lawyer, representing Sampa, urged Lusaka resident magistrate Trevor Kasanda to exercise maximum leniency during mitigation.
He emphasised that Sampa had already repaid the money to Mbaruku Trading Limited through a civil matter at the High Court.
“The now convict is a first offender who deserves leniency,” Muhanga stated.
“I wish to indicate that there was a civil matter at the High Court, and I wish to indicate that the money was refunded. The court should consider that when sentencing the convict and exercise leniency.”
Muhanga also specifically requested a non-custodial sentence for his client.
Despite Muhanga’s efforts, Magistrate Kasanda ruled that such cases had become prevalent and that an appropriate punishment was necessary to deter other potential offenders.
“Having heard in mitigation that you are a first offender and deserve leniency, however, such cases have become prevalent, and to deter would-be offenders, I sentence you to 24 months imprisonment with hard labour,” Magistrate Kasanda declared.
Sampa was found guilty of one count of theft by agent after the prosecution, led by Robert Malama, successfully proved their case beyond a reasonable doubt.
The conviction stemmed from a High Court case where businessman Salehe Mbaruku Sengulo and Mbaruku Trading Limited had sued Sampa.
They sought the return of K1.4 million that Sampa collected to pay ZRA on their behalf, but instead, he reportedly paid it to himself as a commission for facilitating the release of the company’s seized goods.
By Lucy Phiri
Kalemba July 1, 2025
